SECTOR 1 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation Under the list of Fundamental Freedoms in Chapter 3 of the Namibian Constitution, Section 21 (1) (a) guarantees freedom of expression and explicitly includes the media. It reads: All persons shall have the right to: (a) freedom of speech and expression, which shall include freedom of the press and other media; This right is supported by several other pieces of legislation, including international instruments that Namibia has signed and/or ratified. It is important to note that per Article 144 of the constitution, all international and continental agreements, once ratified, automatically become binding and thereby form part of the laws of Namibia. Amongst others, these include the SADC Protocol on Culture, Information and Sport, the Windhoek Declaration and the African Charter on Human and Peoples’ Rights (ACHPR) – all of which strongly advocate for freedom of expression and of the media. At the local level, laws supporting this right include the Communications Act: which establishes CRAN, makes mention of the equitable distribution of frequencies and tries to ensure community access to the media. The Communications Act, however, also carries various drawback clauses which are contradictory to the letter and spirit of the right enshrined in the constitution and the international laws to which Namibia is party. ‘We have many laws that support freedom of expression, but our laws are rather schizophrenic. On the one hand, they promote this right, but further down, they go against these very laws.’ These include parts of the Communications Act, the Protection of Information Act and others, which are discussed in Sector 1.3. The Namibian Broadcasting Act ‘does not explicitly promote freedom of expression and can’t be seen as supporting this right’. That said, the Broadcasting Policy currently being discussed by CRAN has the potential to add support to the constitution’s guarantee and seeks to include clauses on things such as the equitable coverage of political parties. Namibia still does not have an access to information law and panellists noted the need for an urgent review process for a Communications Amendment Act, as well as a review of the Broadcasting Policy. 8 AFRICAN MEDIA BAROMETER NAMIBIA 2018